Information about facial recognition

Freedom of information request reference no: 01.FOI.23.028881

I note you seek access to the following information:

1. I would like to request the records for the deployment of Live Facial Recognition over the last year.

2. As well as any documents relating to contracts for the purchase of NeoFace Watch software.

Decision

I have today decided to disclose some of the requested information. Some data has been withheld as it is exempt from disclosure and therefore this response serves as a Refusal Notice under Section 17 of the Freedom of Information Act 2000 (the Act) by virtue of the following exemptions:

Section 43(2) – Commercial Interests
Section 31(1) – Law Enforcement

Reason for decision

Before I explain the reasons for the decisions I have made in relation to your request, I thought that it would be helpful if I outline the parameters set out by the Freedom of Information Act 2000 (the Act) within which a request for information can be answered.

The Act creates a statutory right of access to information held by public authorities. A public authority in receipt of a request must, if permitted, confirm if the requested information is held by that public authority and, if so, then communicate that information to the applicant.

The right of access to information is not without exception and is subject to a number of exemptions which are designed to enable public authorities to withhold information that is not suitable for release. Importantly, the Act is designed to place information into the public domain, that is, once access to information is granted to one person under the Act, it is then considered public information and must be communicated to any individual should a request be received.

For the contract details that highlight police capabilities redactions were made as to disclose the numbers of cameras and system types etc could cause an individual to use this information to avoid detection or circumvent arrest. This cannot be allowed.

Section 31(1) – Law Enforcement - Disclosure of the numbers of cameras and system types etc risks an individual being able to use this information to avoid detection and/or circumvent arrest. This may cause an investigation to collapse or undermine the confidence in the police.

Disclosure of the numbers of cameras and system types etc risks an individual being able to use this information to avoid detection and/or circumvent arrest.
This would hinder the prevention and detection of crime and also prejudice the MPS's ability to fairly conduct an investigation.

The harm identified above, is reduced by not disclosing the numbers of cameras and system types etc to ensure an individual isn’t able to use this information to avoid detection and/or circumvent arrest.

The MPS has a duty of care to the communities served. In view of the arguments provided above, it is our opinion, that disclosure in full of the numbers of cameras and system types etc cannot be permitted.

Section 43(2) - Commercial Interests - provides that any information is exempt if its disclosure would, or would be likely to, prejudice the commercial interests of any person.

The MPS has claimed Section 43(2) of the Act for disclosure of the total cost of the contracts as it is commercially sensitive. Disclosure of the requested information could be used by competitors to price future product and procurements which would harm the MPS as the public sector does have finite resources.

Disclosure of the requested information could be used by competitors to price future product and procurements which would harm the MPS as the public sector does have finite resources.

Public disclosure would harm the Met’s ability to achieve best value in future procurement processes in this area. The MPS would not want to public disclose information regarding its expenditure that would detrimentally impact on any future procurement process. The release of any information that would negatively influence, or impact upon, a future procurement process is not in the public interest.

Having considered the requested information for release, I acknowledge that a public interest would be satisfied in demonstrating how public money is spent. This public interest must be balanced against any identified risk.

In this case, disclosure would harm future procurement processes. Disclosure would negatively impact upon the Met’s ability to achieve best value in future procurement processes in this area.

I have found that the public release of information that would negatively influence or impact upon a procurement process is not in the public interest. I have accordingly refused this part of your request for information.

It should not be surmised that we are applying Sections 31 and 43 to the same pieces of information.

Disclosure

Q1 - I would like to request the records for the deployment of Live Facial Recognition over the last year?

This information is already in the public domain at the below link:Deployment of Live Facial Recognition

Q2 - As well as any documents relating to contracts for the purchase of NeoFace Watch software.

Please see attached contract details minus the contract values and capability details which have been redacted under Section 43(2) and S31(1).